Judgment P.S. Rana, J. Present appeal filed against the judgment and sentence passed by learned Additional Sessions Judge Fast Track Court Una in Sessions Case No. 9/2007 titled State vs. Ugha Nand alias Nandu decided on dated 30th September, 2008. Quantum of sentence announced on dated 01-10-2008. Brief facts of the case as alleged by the prosecution:- 2. It is alleged by the prosecution that on the intervening night of 30-04-2007 and 01-05-2007 at about 3.30 am at village Behdala accused intentionally committed murder of late Shri Hari Krishan resident of village Behdala District Una. It is alleged that deceased Hari Krishan was working as special Foreman in Thean Dam at Shahpur Kandi (Pathankot) and he was a permanent resident of village Behdala where he had a double storeyed house. It is further alleged that on the first floor of the house of deceased at Behdala accused was residing in a room as tenant and paying rent at the rate of Rs.200/- per month. It is also alleged that on 02-05-2007 there was a function in the house of Bimla Devi sister of deceased at Chandigarh and the deceased had to go to Chandigarh to attend that function and so he came to Behdala from Shahpur Kandi on 28-04-2007 and stayed in his house for 2/3 days. It is further alleged that on 02-05-2007 complainant Usha Devi wife of deceased also came to Behdala after attending a Bhog ceremony pertaining to some relative in some other village. It is alleged that there were two keys of the house one was with deceased and other was with complainant and when complainant opened the door of the house with the help of key which she was having with her she noticed that there was foul smell and house flies had gathered there. It is also alleged that when she entered the room she noticed that bed sheet on the bed was not in a proper condition and stained with blood and thereafter she went to the store and saw that dead body of her husband was lying on the ground with blood all around the dead body and his mouth was tied with help of clothes and he was not wearing any cloth except underwear. It is further alleged that underwear of her husband was stained with blood and after removing the underwear she found that penis of the husband was chopped off. It is further alleged by prosecution that thereafter she raised cries and on listening her cries number of people gathered there and the persons present there told that accused was missing from the house. It is further alleged by prosecution that thereafter matter was reported to the police and the police reached at the spot and recorded statement of complainant Ext.PW1/A under Section 154 Cr.P.C. upon which FIR Ext.PW21/B was recorded in police station Una. It is also alleged by prosecution that police had got prepared photographs of the spot and dead body which are Ext.PW1/B Ext.PW1/C and Ext.PW9/A to Ext.PW9/G and during investigating penis of deceased was found lying on the bed which was took into possession vide memo Ext.PW17/A in presence of Smt. Sonia Rana PW17. It is further alleged by prosecution that during investigation I.O. found some articles like jug and glass etc on LG Washing machine and he sprinkled the black powder on those articles and found finger prints on one steel glass from which he lifted the finger prints with the help of lifting tape and pasted the same on white paper. It is also alleged by prosecution that said steel glass was took into possession by police from spot in presence of PW17 Sonia Rana vide recovery memo Ext.PW17/B and blood lying in the store room near the dead body of deceased was also took into possession by police in presence of PW17 vide recovery memo Ext.PW17/C. It is further alleged by prosecution that blood clotted towel and one another blood clotted cloth i.e. Ext.P6 and Ext.P7 lying in the store room were also took into possession by police vide recovery memo Ext.PW17/D in presence of PW17 and blood clotted bed sheet pillow and pillow cover i.e. Ext.P9 to Ext.P11 were also took into possession by police from the bed room of deceased vide recovery memo Ext.PW17/E in presence of PW17. It is further alleged by prosecution that a pair of chappal Ext.P5 belonging to accused which was lying in bed room of deceased was also took into possession by police vide recovery memo Ext.PW17/F and I.O. had prepared spot map Ext.PW21/G at the spot and dead body of deceased was sent to District Hospital Una for post mortem and his post mortem was conducted there by Dr. Y.R. Ravi (PW18) who issued post mortem report Ext.PW18/E and Ext.PW18/F. It is also alleged by prosecution that on 30-04-2007 in the evening PW2 Jiwan Kumar and PW3 Madan Verma along with one Subhash Chand were invited by deceased Hari Krishan to his house for playing cards and they played cards in his house on dated 30-04-2007 till 11/11.30 PM and when they were playing cards in the bed room of the deceased accused was also present in the bed room of accused and was watching TV and on dated 30-04-2007 about 11/11.30 PM when PW2 PW3 and Subhash Chand left the house of deceased accused remained sitting there in the company of deceased. It is also alleged by prosecution that when PW2 and PW3 were playing cards with deceased he told them that in the morning he would go to Chandigarh to attend some function in the house of his sister and after that night accused was not seen at Behdala. It is further alleged by prosecution that complainant suspected that her husband might be killed by accused and accused was found missing from the village immediately after the death of deceased and on the basis of other connecting evidence police arrested accused from his native place in Bihar and on 12-05-2007. ASI Gian Chand brought accused to Police Station Una. It is further alleged by prosecution that complainant suspected that her husband might be killed by accused and accused was found missing from the village immediately after the death of deceased and on the basis of other connecting evidence police arrested accused from his native place in Bihar and on 12-05-2007. ASI Gian Chand brought accused to Police Station Una. It is also alleged by prosecution that on 14-05-2007 accused made a disclosure statement Ext.PW6/A in presence of PW6 Rakesh Kumar and PW9 Ashok Kumar that he had purchased one Hexa blade with which he cut the lock of the door from a shop in Behdala and had also given disclosure statement that knife with which accused chopped off the penis of deceased was purchased from the shop at Mehatpur and had also given disclosure statement that a pipe with which accused had given head injury to deceased was picked up from the house of Hari Krishan and had also given disclosure statement that said articles were concealed by accused in a field at Behdala from where accused could get the same recovered and thereafter accused led the police to the shop at Mehatpur from where accused had purchased the knife and then to Behdala from where accused had purchased Hexa blade. It is also alleged that knife in question was purchased by accused from the shop of PW4 Kewal Krishan at Mehatpur on 29-04-2007 and Hexa blade was purchased by accused from the shop of PW5 Naresh Kumar on 30-04-2007. It is further alleged by prosecution that thereafter accused led the police and local witnesses to the place in the fields at a distance of about 500 meters from the house of deceased from where accused got recovered a rod/pipe, a knife and Hexa blade which were took into possession by police vide recovery memo Ext.PW4/A in presence of PW4 who identified the same in Court. It is further alleged by prosecution that prior to the occurrence accused had told PW7 Ram Rakhi that deceased was not a good person. It is further alleged by prosecution that prior to the occurrence accused had told PW7 Ram Rakhi that deceased was not a good person. It is also alleged by prosecution that regarding the recovery of Hexa blade, knife and iron rod Investigating Agency video cassette Ext.P4 and it is also alleged by prosecution that accused had maintained his account in Agriculture Cooperative Society Behdala which was opened on 16-09-2006 and on dated 01-04-2007 accused withdrew an amount of Rs.4400/- from his account and on dated 29-04-2007 accused went to the Secretary Parmodh Singh PW10 of the Society to withdraw some amount but on that day there was rush in the society upon which PW10 had asked accused to come after some time but thereafter accused did not come. It is further alleged by prosecution that during investigation police took into possession copy of jamabandi Ext.PW11/A and Aks Ext.PW11/B from Patwari vide recovery memo Ext.PW11/B from Patwari vide recovery memo Ext.PW11/C regarding land over which house of deceased is situated. It is further alleged by prosecution that accused entered the house of deceased by cutting the lock of the store by Hexa blade and thereafter accused entered the room of deceased from the store room and gave blows on the head of deceased with iron pipe when deceased was in sound sleep and thereafter chopped off penis of the deceased with knife and then tied the mouth of deceased with the help of a cloth and then dragged the deceased to the store room. It is further alleged that accused had identified place in presence of PW17 regarding which memo Ext.PW17/H was prepared by the police. It is also alleged by prosecution that after recovery of articles Ext.P1 to Ext.P3 i.e. iron pipe, Hexa blade and knife police had prepared rough sketch of these articles which are Ext.PW17/K to Ext.PW17/L and Ext.PW17/M in presence of PW17. It is also alleged that as per post mortem report injury was found on the head of deceased and as per opinion of PW18 injury upon head of deceased was possible with the help of an iron pipe Ext.P1 and injury caused on lower part of the abdomen i.e. incised wound penis and scrotum were possible with the help of a knife Ext.P3. It is alleged by prosecution that viscera of deceased was sent to Chemical examiner for examination and as per report of Chemical Examiner no alcohol was detected in the body of deceased and as per opinion of Dr. Chander Deep Sharma (PW19) the then Registrar Department of Forensic Medicine at Kangra Medical College in Tanda injuries on person of deceased i.e. head injury and injury on lower abdomen were possible with the help of iron pipe Ext.P1 and knife Ext.P3. It is also alleged that during investigation finger prints of accused were taken by police and same were sent to Finger Print Bureau Phillaur for comparison with the finger print lifted from glass Ext.P8 and as per report of Director Finger Print Bureau Phillaur Ext.PW21/O both finger prints were found identical and finger prints upon glass recovered from place of murder were found to be of accused. It is also alleged that blood clotted clothes i.e. towel, undergarment, bed sheet, pillow cover, and pillow were also sent to Chemical Examiner and as per report of Chemical Examiner Ext.PW21/N human blood was found on these articles. It is further alleged that pipe Ext.P1 Hexa blade Ext.P2 and knife Ext.P3 were also sent to Chemical Examiner and as per report of Chemical Examiner Ext.PW21/L human blood was found on knife Ext.P3 and iron pipe Ext.P1. It is also alleged by prosecution that as per report of Chemical Examiner Ext.PW21/N the blood lifted from the spot was found to be of human blood. 3. Learned trial Court framed the charge against accused on 03-09-2007 under Section 302 IPC. Accused pleaded not guilty and claimed trial. 4. Prosecution examined as many as twenty three witnesses in support of its case and accused himself appeared as defence witness under Section 315 of Code of Criminal Procedure 1973:- Sr.No. Name of Witness PW1 Usha Devi PW2 Jiwan Kumar PW3 Madan Verma PW4 Kewal Krishan PW5 Naresh Kumar PW6 Rakesh Kumar PW7 Smt. Ram Rakhi PW8 Smt. Santosh Devi PW9 Ashok Kumar PW10 Parmod Singh PW11 Vijay Kumar PW12 Suman Bala PW13 Paramjit Singh PW14 Rajesh Kumar PW15 Jeet Singh PW16 Satwinder Singh PW17 Sonia Rana PW18 Dr. Y.R. Ravi PW19 Dr. Chander Deep Sharma PW20 ASI Hardayal Singh PW21 Inspector Dharam Chand Verma PW22 Dr. Vijay Singh Jamwal PW23 Dr. Y.R. Ravi PW19 Dr. Chander Deep Sharma PW20 ASI Hardayal Singh PW21 Inspector Dharam Chand Verma PW22 Dr. Vijay Singh Jamwal PW23 Dr. Gian Thakur DW1 Ugha Nand 4.1 Prosecution also produced following piece of documentary evidence in su pport of its case:- Sr.No. Description. Ext.PW1 /A Statement of complainant. Ext.PW21/A & Ext.PW21/C Police proceedings and endorsement regarding registration of case Ext.PW1/B Photographs. Ext.PW1/C & Ext.PW4 /A Memo regarding recovery of iron pipe and Hexa blade. Ext.PW6/A Memo regarding disclosure statement of accused Ext.PW9/A Photographs Ext.PW9/G to Ext.PW10/A Photocopy of Ledger Ext.PW10/B Statement of accounts Ext.PW11/A Nakal Jamabandi and Aks Sajra Ext.PW11/B to Ext.PW11/C Memo regarding produ cing of Nakal Jamabandi and Aks Ext.PW13/A Nakal Rapat No. 19. Ext.PW17/A Memo regarding one human penis chopped off. Ext.PW17/B Memo regarding one steel glass and finger prints taken on a white paper. Ext.PW17/C Memo regarding taking in to possession some drops of blood. Ext.PW17/D Memo regarding recovery of one blood stained towel and one white cloth. Ext.PW17/E Memo recovery qua one double bed sheet and one towel having blood stains. Ext.PW17/F Memo regarding recovery of one pair of sandal. Ext.PW17/G Seal impression. Ext.PW17/H Memo regarding identification of place of occurrence. Ext.PW17/J Memo regarding search of lock. Ext.PW17/K & Ext.PW17/L Rough sketch of iron rod and Hexa blade Ext.PW17/M Rough sketch of iron knife. Ext.PW17/N Seal impression Ext.PW18/A Application for post mortem of deceased. Ext.PW18/B and Ext.PW18/C Application for getting the opinion regarding post mortem and opinion of Dr. P.D. Swami. Ext.PW18/D Report of SFSL Junga Ext.PW18/E Post mortem report Ext.PW18/F Opinion of Medical Officer regarding cause of death. Ext.PW19/A Report/opinion of Registrar Forensic Medicine Ext.PW20/A Thumb/finger prints of accused and finger prints taken from the glass. Ext.PW21/B FIR Ext.PW21/D to Ext.PW21/F Death report (Form A and B) Ext.PW21/G Site plan Ext.PW21/K Application regarding chemical examination of weapon of offence. Ext.PW21/L Report of SFSL Junga Ext.PW12/M Application for Chemical examination of sample parcels. Ext.PW21/N Report of SFSL Junga Ext.PW21/O Report of Finger Print Bureau Phillaur Ext.PW21/P Seal impression. Ext.PW21/Q & Ext.PW21/R Site plans Ext.PW21/S Copy of withdrawal form Ext.PW21/T Application regarding issuance of Fard, Aks Tatima and Naksha Statement of the accused was also recorded under Section 313 Cr.P.C. Learned trial Court convicted the accused under Section 302 of IPC and sentenced him to undergo life imprisonment and a fine to the tune of Rs.5,000/- (Rupees Five thousand only). Learned trial Court further directed that in default of payment of fine convict would undergo simple imprisonment for six months. Feeling aggrieved by judgment and sentence passed by learned trial Court appellant filed present appeal. 5. We have heard learned counsel appearing on behalf of the appellant and learned Additional Advocate General at length and also perused the entire record carefully. 6. Question that arises for determination before us in this appeal is whether learned trial Court did not properly appreciate oral as well as documentary evidence adduced by prosecution and whether learned trial Court has committed miscarriage of justice and error of law by way of convicting appellant under Section 302 of Indian Penal Code. ORAL EVIDENCE ADDUCED BY PROSECUTION: 7.1. PW1 Usha Devi has stated that her husband late Shri Hari Krishan was working as Special Foreman in Thean Dam at Shahpur Kandi (Pathankot). She has stated that she has two sons. She has further stated that her elder son is married who is serving at Baddi in private factory and her younger son is unemployed who is residing at home. She has further stated that her husband came to village on 28-04-2007. She has also stated that Bimla Devi is her sister-in-law and there was a function in her house at Chandigarh on 02-05-2007 and her husband came to attend that function. She has stated that she has double storeyed house at village Behdala and on the first floor they had rented out a room to the accused present in Court but they did not know the antecedents of accused except his name. She has stated that rent was settled at Rs.200/- per month and last time accused had paid the rent in April 2007 amounting to Rs.500-600/- and on 30-04-2007 in the night she received a telephone call from her younger sister that her elder brother-in-law had expired. She has further stated that on the next day it was Tuesday because of which she did not go to the village and then on 02-05-2007 she went to the house of her parents and then they came to village Bhalowal where death took place. She has further stated that on the next day it was Tuesday because of which she did not go to the village and then on 02-05-2007 she went to the house of her parents and then they came to village Bhalowal where death took place. She has also stated that on the same day she came back to her house at Behdala along with her brother-in-law on his scooter and her brother-in-law dropped her at road side and went back to his home and she came to her house. She has further stated that one key of house was with her and other key of house was with her husband. She has stated that she opened the door with the help of key which was with her and noticed that there was foul smell and house flies had gathered there and when she opened the door she found that bed sheet was not in a proper condition and the same was stained with blood and thereafter she went to the store and saw that dead body of her husband was lying on the ground with blood all around it. She has further stated that mouth of deceased was tied with help of clothes and he was not wearing any cloth except underwear. She has also stated that dead body of her husband was lying with his face and knee touching the ground and then she turned over the dead body of her husband and noticed that underwear was stained with blood and after removing the underwear she found that penis of her husband was chopped off. She has stated that on this she raised cries and on listening her cries number of people gathered there and people told that accused was also missing. She has stated that thereafter matter was reported to the police and police came to the spot and recorded her statement Ext.PW1/A under Section 154 Cr.P.C. which bears her signatures. She has further stated that in the month of April when she came to village her husband had asked her to get one photograph and address of the accused from her and she accordingly asked the accused to do so but he did not supply her the same. She has further stated that in the month of April when she came to village her husband had asked her to get one photograph and address of the accused from her and she accordingly asked the accused to do so but he did not supply her the same. She has stated that she also identified her husband in photographs Ext.PW1/B and Ext.PW1/C. In cross examination she has stated that she has suspicion that accused had committed the murder of her husband because accused was found missing from the house. She has admitted that earlier wife of accused was also residing with accused at village Behdala in rented house owned by deceased. She has also stated that when she visited her house wife of accused was not present there. She has stated that accused did not complaint to her that her husband had misbehaved with wife of accused. She has stated that accused did not complaint that deceased had committed rape with wife of accused. She has stated that her deceased husband did not use to take liquor. She has denied suggestion that accused has been falsely implicated in present case. 7.2 PW2 Jiwan Kumar has stated that deceased Hari Krishan was personally known to him and he was serving in Thean Dam Pathankot. He has stated that deceased had permanent house at village Behdala. He has stated that accused Uga Nand present in Court was also residing in house of deceased Hari Krishan as tenant. He has stated that for about two months wife of accused also remained with him at rented house owned by deceased. He has further stated that on 30-04-2007 in the evening deceased Hari Krishan invited him to play cards and he went to house of deceased and Madan Verma and Subhash Chand were also present in house of deceased Hari Krishan. He has stated that thereafter they were playing cards with deceased while accused was watching T.V. in the same room and at about 11/11.30 PM all of them left to their houses while accused remained in company of deceased Hari Krishan. He has stated that while leaving room of deceased at 11.30 PM night he also asked accused to go to his room but he remained sitting there in the room of deceased during night time 11.30 PM. He has stated that while leaving room of deceased at 11.30 PM night he also asked accused to go to his room but he remained sitting there in the room of deceased during night time 11.30 PM. He has stated that Hari Krishan deceased had told him that he would go to Chandigarh in connection with some religious ceremony fixed in the house of his sister in the morning. He has stated that on 02-05-2007 Usha Devi wife of deceased raised hue and cry in her house and he went there and saw that deceased was lying in the pool of blood in the back store room of deceased house. He has stated that accused was also missing since 01-05-2007. He has denied suggestion that on 30-04-2007 he consumed liquor at the house of deceased and also denied suggestion that he used obscene language by pointing towards his penis. He has denied suggestion that thereafter he overpowered the deceased and chopped off the penis of deceased. He has denied suggestion that thereafter they gagged mouth of deceased with the cloth and then caused head injury to him. He has denied suggestion that in order to save themselves they concocted a story implicating the accused. He has also denied suggestion that on 30-04-2007 accused was not present in rented house and he had already gone to his native village in Bihar. 7.3 PW3 Madan Verma has stated that deceased Hari Krishan was personally known to him. He has stated that on 30-04-2007 at about 9.30 PM he went to house of deceased Hari Krishan where Subhash and accused Ugha Nand were also present. He has stated that deceased and Subhash were playing cards whereas accused was sitting there in the same room. He has stated that he came to know about murder of deceased on 02-05-2007 at about 5.15 PM. He has denied suggestion that they all consumed wine together on 30-04-2007 and played cards for gambling and denied suggestion that under the influence of liquor deceased lost his stake but deceased did not part with the stake amount and challenged them in obscene language by pointing towards his penis. He has denied suggestion that thereafter PW3 infuriated and overpowered the deceased and chopped off his penis. He has denied suggestion that thereafter PW3 infuriated and overpowered the deceased and chopped off his penis. He has denied suggestion that on 30-04-2007 when they played cards in the house of deceased during night period accused was not present there as he had already gone to his native village in Bihar. 7.4 PW4 Kewal Krishan has stated that he is running a black smith shop at Mehatpur for the last more than 30 years and deals in sale of various iron equipments like drati, khurpa, knife (sharp edged weapon) etc. He has stated that he joined police investigation in May 2007. He has stated that police along with accused came to his shop and accused told the Investigating Agency that he had purchased a knife on 29-04-2007 from his shop. He has stated that thereafter accused led the police to village Behdala and at the instance of accused iron pipe, one Hexa blade and one knife concealed in the earth in the field were recovered. He has stated that recovery memo Ext.PW4/A was also prepared which bears his signatures. He has denied suggestion that no recovery was effected as per disclosure statement given by accused. 7.5 PW5 Naresh Kumar has stated that he is running a hardware shop at Behdala and accused present in Court is known to him. He has stated that accused is mason by profession and he used to come to his shop to purchase articles. He has stated that on 30-04-2007 accused had purchased a Hexa blade from his shop on cash payment. He has denied suggestion that accused did not purchase Hexa blade on 30-04-2007 from his shop. He has denied suggestion that he deposed falsely at the instance of Investigating Agency. 7.6 PW6 Rakesh Kumar has stated that he is BDC member and he joined investigation of the case. He has stated that in his presence accused has given disclosure statement that he purchased a Hexa blade from a shop at Behdala with which he cut the lock of store of house owned by deceased and further stated that accused had also given disclosure statement that he purchased a knife from the shop at Mehatpur with which he chopped off penis of deceased Hari Krishan. He has stated that accused has also given disclosure statement that he took a pipe from the house of Hari Krishan deceased which was used for committing the criminal offence of murder. He has stated that accused has given disclosure statement that all these articles used in commission of criminal offence of murder were concealed in a field at Behdala and he could get all articles mentioned above recovered from field. He has stated that disclosure statement Ext.PW6/A was recorded by Investigating Agency in his presence and also signed by him. He has denied suggestion that accused did not make any disclosure statement Ext.PW6/A and also denied suggestion that he deposed falsely at the instance of Investigating Agency. 7.7 PW7 Ram Rakhi has stated that deceased Hari Krishan was her neighbourer at Behdala. She has stated that accused present in Court was tenant in house of deceased. She has stated that Hari Krishan deceased used to come to his native village Behdala sometime alone and sometime along with family members. She has further stated that prior to the incident accused came to her and stated that deceased was not a good person. She has stated that she advised accused to approach the Pardhan and told him about this fact. She has stated that deceased was a man of good character. She denied suggestion that accused told her that his wife was raped by deceased. 7.8 PW8 Santosh Devi has stated that deceased Hari Krishan was resident of village Behdala and he was serving in Pathankot and occasionally used to visit his native village Behdala. She has stated that she does not know whether any tenant was residing in house of deceased or not. She has stated that she does not know the accused present in Court. She has stated that accused never told her anything against deceased. She denied suggestion that accused told her that deceased Hari Krishan had committed rape with wife of accused. 7.9 PW9 H.C. Ashok Kumar has stated that he is posted at I.O. P.P. City Una since 19-01-2007. He has stated that he was associated in investigation of present case and stated that on 14-05-2007 in his presence and in presence of Ramesh Chand and Rakesh Kumar accused had given disclosure statement Ext.PW6/A which bears his signatures. 7.9 PW9 H.C. Ashok Kumar has stated that he is posted at I.O. P.P. City Una since 19-01-2007. He has stated that he was associated in investigation of present case and stated that on 14-05-2007 in his presence and in presence of Ramesh Chand and Rakesh Kumar accused had given disclosure statement Ext.PW6/A which bears his signatures. He has stated that accused disclosed that Hexa blade vide which he had cut the lock of store room of deceased, knife with which he had chopped off penis of deceased and iron rod with which he had assaulted the deceased were hidden by accused in the field and he could get the same recovered. He has stated that he is a trained videographer. He has stated that thereafter he accompanied Investigating officer accused and witnesses as a Videographer and first they went to the shop at Mehatpur from where accused had purchased knife and thereafter they came to village Behdala and visited the shop of Naresh Kumar from where Hexa blade was purchased by accused. He has stated that thereafter accused took them to place where he had concealed the weapons of offence and entire process was covered by him through his video camera and video cassette prepared by him to this effect which is Ext.P4. He has further stated that Ext.P4 is the original Video Cassette prepared by digital camera. He has also stated that he also obtained photographs of the scene of crime as well as spot of recovery which are Ext.PW9/A to Ext.PW9/G. He has denied suggestion that accused did not make any disclosure statement. 7.10 PW10 Parmod Singh has stated that he is working as Secretary in Agricultural Cooperative Society Behdala and he has brought the summoned record. He has stated that as per ledger sheet No. 105 Ugha Nand accused was having an account in the society and stated that account was opened by him on 16-09-2006 and stated that on 04-01-2007 he withdrew the amount of Rs.4400/- from his account and on 31-03-2007 he was having a balance of Rs.143/-. He has stated that copy of ledger is Ext.PW10/A which is true as per original record. He has stated that copy of ledger is Ext.PW10/A which is true as per original record. He has stated that account number of accused was 1262-A and printed statement of account of Ugha Nand accused is Ext.PW10/B and also stated that on 29-04-2007 accused came to him to withdraw the amount but on that day there was rush at his seat and he advised him to wait for sometime but after this accused did not come. He has denied suggestion that on 29-04-2007 accused did not come to him. 7.11 PW11 Vijay Kumar has stated that he joined police investigation on 12-07-2007 and he prepared copy of jamabandi Ext.PW11/A and Aks Ext.PW11/B and handed over the same to police regarding which police has prepared recovery memo Ext.PW11/C which bears his signatures. He has stated that documents were handed over to Investigating Agency in presence of Rakesh Kumar and Joginder Singh and these documents pertain to land in which house of deceased Hari Krishan is situated. 7.12 PW12 H.C. Suman Bala has stated that she is posted as H.C. in P.S. Una since 2005 and she partly investigated the case. She has stated that on 07-05-2007 she recorded statements of Smt. Santosh Devi and Smt. Ram Rakhi Ext.PW12/A and Ext.PW12/B. She has stated that statements were recorded at the instance of these witnesses as per their version and nothing was added or deleted. She has denied suggestion that she did not record statements of aforesaid persons at the spot. She also denied suggestion that at the spot statements of aforesaid witnesses were recorded by some male police officials and later on at the instance of SHO she forged the same. She has also denied suggestion that aforesaid witnesses did not make any statement to her. 7.13 PW13 HHC Paramjit Singh has stated that he was posted as HHC at P.S. Una since 2007 and he has brought the daily dairy register maintained at P.S. Una. He has stated that report No. 19 dated 2nd May 2007 Ext.PW13/A is correct as per original record. 7.13 PW13 HHC Paramjit Singh has stated that he was posted as HHC at P.S. Una since 2007 and he has brought the daily dairy register maintained at P.S. Una. He has stated that report No. 19 dated 2nd May 2007 Ext.PW13/A is correct as per original record. 7.14 PW14 HC Rajesh Kumar has stated that he is posted as MHC P.S. Una since October 2006 and on 03-05-2007 SHO P.S. Una has deposited with him one cloth parcel alleged to have containing one towel and one white cloth stained with blood, one another cloth parcel which was said to have contained one double bed sheet pillow and pillow cover which were also blood stained. He has stated that apart from it one glass bottle which was containing blood sample of blood picked from the spot was also deposited with him and both these parcels and glass bottle were sealed with seal ‘S’. He has also stated that SHO also handed over to him one cloth parcel containing viscera of deceased sealed with seal Una Mortuary along with sample seal ‘S’ and Una Mortuary. He has stated that at the time of receiving these parcels all seals were intact and parcels remained intact in his custody. He has stated that on 14-05-2007 SHO deposited with him a sealed cloth parcel sealed with seal ‘T’ containing the weapon of offence along with same seal. He has stated that parcels remained intact in his custody and were not tamper with. 7.15 PW15 HHC Jeet Singh has stated that he is posted as HHC at P.S. Una for the last about two years and on 07-05-2007 MHC Rajesh Kumar handed over to him three parcels and glass bottle sealed with seal ‘S’ and Una Mortuary along with sample seal ‘S’ and Una Mortuary vide R.C. No. 69/07 with direction to deposit in FSL Junga and he handed over articles in FSL Junga. He has stated that these articles remained intact in his custody. 7.16 PW16 Satwinder Singh has stated that he is posted as HHC in P.S. Una for the last two years and on 29th May 2007 MHC Rajesh Kumar handed over to him one cloth parcel containing seal ‘T’ along with sample seal vide R.C. No. 86/07 for being taken to FSL Junga for chemical test. 7.16 PW16 Satwinder Singh has stated that he is posted as HHC in P.S. Una for the last two years and on 29th May 2007 MHC Rajesh Kumar handed over to him one cloth parcel containing seal ‘T’ along with sample seal vide R.C. No. 86/07 for being taken to FSL Junga for chemical test. He has further stated that he deposited the same with Laboratory on the same day and handed over the receipt of the same to MHC and sample remained intact in his custody. 7.17 PW17 Sonia Rana has stated that she is Pardhan of G.P. Behdala. She has stated that on 02-05-2007 she was going to house of Ward Panch Nanak Chand and on her way when she reached near the house of deceased Hari Krishan she saw people had gathered there. She has also stated that on inquiry she was told that dead body of deceased was found lying in his house and she came to know about this incident at about 5 PM. She has stated that thereafter she intimated the police through telephone at P.S. Una about said incident and after about 10 minutes SHO accompanied with Investigating party came to the spot and thereafter Investigating officials entered the house of deceased and she also accompanied them. She has further stated that photographs of scene were obtained by Investigating Agency and videography was also conducted and police took into possession the penis of deceased which was lying on bed of deceased and sealed it in a piece of cloth with seal ‘S’ in her presence and in presence of Nank Chand Ward Panch. She has further stated that police also took into possession one double bed sheet pillow and pillow cover which were stained with blood and articles so taken into possession were sealed in a white cloth with seal ‘S’ and police also took into possession one green towel and a piece of cloth both stained with blood and sealed the same in a piece of cloth with seal ‘S’. She has further stated that thereafter police lifted finger prints from a glass of steel which was lying on the cover of washing machine and after lifting finger prints the glass was sealed in a piece of cloth with seal ‘S’ and police also took into possession one pair of sandal and sealed the same in cloth parcel and also stated that all these samples were took into possession by Investigating Agency in her presence and in presence of Nanak Chand. She has stated that accused also led the police party to the spot where he concealed the weapons of offence. She has stated that accused also took them to the place known as Jora Amb where accused removed soil from the earth and took out one iron rod/pipe, one knife and one Hexa blade which were took into possession by police after sealing the same. She has stated that recovery memo Ext.PW4/A was prepared and thereafter accused led the police to the house of deceased and told that he entered the house of deceased by cutting the lock of store room with Hexa blade and thereafter he entered from the store room to the room where deceased was sleeping in sound sleep and then he had given two blows with iron pipe on the head of deceased and thereafter he chopped off penis of deceased with knife and then he tied the mouth of deceased with help of undershirt of deceased and dragged the deceased to store room. She has stated that iron pipe Ext.P1, Hexa blade Ext.P2 and knife Ext.P3 are the same which were took into possession by Investigating Agency and were sealed in a sealed parcel. She has stated that sandal Ext.P5 green towel Ext.P6 white cloth Ext.P7 steel glass Ext.P8 bed sheet Ext.P9 pillow Ext.P10 pillow cover Ext.P11 and glass bottle Ext.P12 are the same which were took into possession by Investigating Agency vide recovery memos. She has stated that articles were sealed with seal impression ‘T’. She has denied suggestion that Investigating Agency did not conduct proceedings at the spot. She also denied suggestion that recovery memos were prepared by Investigating Agency in police station. She has denied suggestion that she signed all recovery memos and other memos at police station on 14-05-2007. 7.18 PW18 Dr. She has denied suggestion that Investigating Agency did not conduct proceedings at the spot. She also denied suggestion that recovery memos were prepared by Investigating Agency in police station. She has denied suggestion that she signed all recovery memos and other memos at police station on 14-05-2007. 7.18 PW18 Dr. Y.R. Ravi has stated that he is working as M.O. R.H. Una since December 2003 and on 03-05-2007 request was received for the post mortem of deceased Hari Krishan from SHO Sadar Una and on the request of Investigating Agency S.M.O. Dr. Sharda Sharma constituted a Board of Medical Officers for post mortem consisting of him and Dr. D.K. Sharma and stated that request letter is Ext.PW18/A. He has stated that they both conducted the post-mortem on the dead body of deceased Hari Krishan resident of Behdala on 03-05-2007 and found following observations. He has stated that right knee left and right ankle rigour mortis partially present and maggot present over chest. He has stated that a wound 2 cm x 4 cm bone deep was present over left parietal region and another wound 6 cm x 2 cm long present over left side of occipital region was present. He has stated that brownish fluid was trickling from both wounds. He has stated that penis was excised at the base and deep wound 6 cm x 8 cm was present over lower abdomen around penis scrotum and stated that testicles were crushed. He has further stated that skin over neck region was decomposed. He has stated that a wound 2 cm x 4 cm was present at left parietal region and posterior part. He has further stated that a wound was present over occipital region left side and brownish fluid reddish brown fluid size of the wound 6 cm x 2 cm bone deep was also present. He has further stated that fracture left parietal bone was also present. He has further stated that occipital bone showing fracture extending towards medial side and both wounds were bone deep and further stated that brain tissue showing putrefaction cranian cavity full of dark fluid and left temporal bone fractures deserved. He has further stated that brain tissue found crushed and were in putrefaction stage. He has further stated that occipital bone showing fracture extending towards medial side and both wounds were bone deep and further stated that brain tissue showing putrefaction cranian cavity full of dark fluid and left temporal bone fractures deserved. He has further stated that brain tissue found crushed and were in putrefaction stage. He has further stated that wall ribs and cartilages were of greenish colour skin showing blistering and pleurae larynx and trachea right and left lungs pericardium heart large vessels all were showing putrefaction. He has further stated that walls, abdomen bloated were showing blisters, peeling of skin was present and mouth pharynx and oesophagus were showing putrefaction. He has stated that tounge was protruded and stomach and its contents were showing putrefaction containing liquid and further stated that small intestine and its contents were showing putrefaction containing liquid and gasses. He has also stated that peritoneum large intestine and its contents, liver, spleen, kidney bladder were all showing putrefaction and organs of generation internal and external injuries to penis and scrotum already mentioned. He has stated that all injuries mentioned were ante mortem in nature and probable cause of death was head injury causing injury to the brain and injury to lower abdomen penis and scrotum. He has also stated that preliminary post mortem report is Ext.PW18/E and final report is Ext.PW18/F. He has stated that injury upon the head is possible with iron pipe Ext.P1. He stated that injuries caused on the lower part of abdomen penis and scrotum are possible with knife Ext.P3. He has also stated both injuries i.e. head injury and abdomen injuries were sufficient to cause death in ordinary course of nature. He has stated that no alcohol was detected from the body of deceased. He has denied suggestion that injury on lower abdomen could not cause death. He has stated that if penis of a person is chopped off then it may or may not cause death. 7.19 PW19 Dr. Chander Deep Sharma has stated that he has completed his MBBS in 2004 and joined as Registrar Department of Forensic Medicine at Kangra Medical College in Tanda on 19.4.2005 and remained there till 13-02-2000. He has stated that during his service he has conducted around 200 postmortem and has given opinion in the Court of law. 7.19 PW19 Dr. Chander Deep Sharma has stated that he has completed his MBBS in 2004 and joined as Registrar Department of Forensic Medicine at Kangra Medical College in Tanda on 19.4.2005 and remained there till 13-02-2000. He has stated that during his service he has conducted around 200 postmortem and has given opinion in the Court of law. He has stated that in present case dead body was received in a wooden box parcel with three sample seals marked mortuary Una and he has done post mortem examination. He has stated that after going through the details of first post mortem examination conducted in R.H. Una the injuries were found consistent with the first post mortem but there was difficulty in finding out antemortem or post-mortem nature of injuries due to further advanced decomposition after having done first post mortem. He has stated that post mortem was conducted by him under the guidance and expert supervision of Dr. D.P. Swami Associate Professor. He has stated that opinion of the team of doctors doing the first post mortem examination was more reliable because there was less decomposition at that time. He has stated that injuries on person of deceased i.e. head injury and injury on lower abdomen penis and scrotum were possible with weapons i.e. iron pipe Ext.P1 and knife Ext.P3 in the ordinary course of events. He has stated that head injury is also possible with iron rod. He has stated that if penis is chopped off it may or may not cause death instantaneously. 7.20 PW20 ASI Hardyal Singh has stated that in the year 2007 he was posted as Reader to Additional S.P. Una and on 16-05-2007 on the direction of Additional S.P. he went to P.S. Sadar Una and obtained finger prints of accused which is Ext.PW20/A and same were attested by him. He has stated that he obtained the finger prints of accused in presence of SHO P.S. Una. He has stated that he passed the Finger Prints course from Finger Print Bureau P.T.C. Phillaur (Pb.) 7.21 PW21 Inspector Dharam Chand Verma has stated that he is posted as SHO P.S. Una since April 2007 and on 2nd May 2007 Pradhan Gram Panchayat informed telephonically at P.S. Una at 5.15 PM that one person died at Behdala. He has stated that he passed the Finger Prints course from Finger Print Bureau P.T.C. Phillaur (Pb.) 7.21 PW21 Inspector Dharam Chand Verma has stated that he is posted as SHO P.S. Una since April 2007 and on 2nd May 2007 Pradhan Gram Panchayat informed telephonically at P.S. Una at 5.15 PM that one person died at Behdala. He has stated that regarding this information he recorded report copy of which is Ext.PW13/A. He has stated that he along with other Investigating officials reached the spot and saw that number of local residents were present outside the house of deceased Hari Krishan. He has further stated that after formal inquiry Smt. Usha Sharma wife of late Hari Krishan got recorded her statement under Section 154 Cr.P.C. Ext.PW1/A which was signed by her and after putting his endorsement Ext.PW21/A on the statement he sent the same to P.S. Una through C. Sanjay Raj for registration of formal FIR and FIR Ext.PW21/B was recorded by MHC Rajesh Kumar. He has stated that endorsement Ext.PW21/C on the statement Ext.PW1/A is in hand of Rajesh Kumar and signed by him and thereafter he called the dog squad as well as photographs at the spot and dead body was taken through H.C. Ashok Kumar who was also with them. He has stated that he filled up inquest report Ext.PW21/F and sent the dead body for post mortem to D.H. Una along with penis of deceased which was taken from bed and sealed with seal ‘S’. He has further stated that he also forwarded an application for conducting post mortem of deceased which is Ext.PW18/A and during investigation he found some articles like jug, glasses were lying on LG Washing machine. He has further stated that he sprinkled the black powder on these articles and found finger prints on one steel glass and he lifted the finger prints with help of lifting tape and pasted on white paper. He has also stated that he took into possession the steel glass and sealed in a cloth parcel. He has stated that penis of deceased was also took into possession vide memo Ext.PW17/A and he also took into possession the blood which was lying on the floor after scratching the same with the help of cotton and spoon and sealed in a small bottle of glass and sealed in a cloth parcel. He has stated that penis of deceased was also took into possession vide memo Ext.PW17/A and he also took into possession the blood which was lying on the floor after scratching the same with the help of cotton and spoon and sealed in a small bottle of glass and sealed in a cloth parcel. He has stated that he also took into possession blood stained bed sheet and one cover of pillow and sealed in a cloth parcel vide memo Ext.PW17/E. He has further stated that he took into possession one towel and one piece of cloth which was tied with dead body, both blood stained vide memo Ext.PW17/D and a pair of sandal lying beneath the bed. He has stated that he also prepared spot map Ext.PW21/G and also recorded statements of witnesses. He has stated that on dated 12-05-2007 ASI Gian Chand brought the accused to P.S. Una from his residence at Bihar and on the same day he arrested the accused who is present in Court. He has stated that on 14-05-2007 accused gave disclosure statement Ext.PW6/A that he could get recover the weapons of offence used in the murder of deceased i.e. iron rod knife and Hexa blade. He has stated that accused further disclosed that he could also identify the shops from where he purchased the said weapons. Disclosure statement Ext.PW6/A was prepared in presence of witnesses. He has stated that thereafter accused led the Investigating Agency to the shop at Mehatpur from where he had purchased knife and then to Behdala from where he had purchased Hexa blade. He has stated that thereafter they went to Mehatpur and Behdala in police jeep and they stopped the jeep at Behdala near the house of deceased from where local witnesses were associated and then accused led Investigating Agency on foot to the place in the fields at a distance of about 500 meters from the house of deceased and from there he got recovered a rod, a knife and Hexa blade which were took into possession vide memo Ext.PW4/A in presence of witnesses. He has stated that knife in question was made by Kewal Krishan who was present and he identified the same at the spot. He has also stated that accused had entered into the house of deceased by cutting a lock of the adjoining store room. He has stated that knife in question was made by Kewal Krishan who was present and he identified the same at the spot. He has also stated that accused had entered into the house of deceased by cutting a lock of the adjoining store room. He has stated that he prepared the sketches of weapons of offence i.e. knife, Hexa blade and rod which are Ext.PW17/M Ext.PW17/L and Ext.PW17/K. He has stated that he also filed application Ext.PW18/B for obtaining expert opinion to M.O. R.H. Una and obtained post mortem report Ext.PW18/E. He has stated that he also sent weapons of offence to FSL Junga vide application Ext.PW21/K and report of which is Ext.PW21/L. He has stated that he also sent blood stained clothes i.e. towel, white cloth piece, bed and cover of pillow along with blood sample through application Ext.PW20/M to FSL Junga and report is Ext.PW21/N. He has stated that he also sent finger prints of accused and report is Ext.PW21/O. He has stated that he prepared the spot map of place of recovery of weapons of offence which is Ext.PW21/Q and prepared spot map of a place from where accused had thrown the lock. He also took into possession the extracts of the society’s register Ext.PW10/A and Ext.PW10/B and withdrawal form Ext.PW21/S. He has stated that he also filed an application Ext.PW21/T before Tehsildar Una and obtained jamabandi Ext.PW11/A and tatima Ext.PW11/B vide memo Ext.PW11/C. He has stated that iron rod Ext.P1, Hexa blade Ext.P2, knife Ext.P3, video cassette Ext.P4, sandal Ext.P5, towel Ext.P6, white cloth Ext.P7, steel glass Ext.P8, bed sheet Ext.P9, pillow Ext.P10, pillow cover Ext.P11, and glass bottle Ext.P12 are the same. He has stated that after the receipt of viscera report Ext.PW18/D he prepared challan and submitted before the Court. He has stated that on 22-10-2007 after receipt of reports of FSL Junga Ext.PW21/N and Ext.PW21/L and report of Finger Print Bureau Ext.PW21/O he prepared supplementary challan and submitted in Court. He has stated that during entire proceedings Pardhan Sonia Rana and Nanak Chand remained present. He has stated that all persons stated that accused was not seen in village after the death of deceased. He has stated that foul smell was present in room in which dead body was lying. He has stated that there was only one bathroom in the house of deceased which was on ground floor. He has stated that all persons stated that accused was not seen in village after the death of deceased. He has stated that foul smell was present in room in which dead body was lying. He has stated that there was only one bathroom in the house of deceased which was on ground floor. He has stated that when they reached at the spot at that time dead body was lying in the store room. He has stated that room is shown in site plan Ext.PW21/G. He has denied suggestion that no disclosure statement was given by accused. He has denied suggestion that no recovery was effected at the instance of accused. He has also denied suggestion that place of recovery of weapons of offence i.e. Ext.P1 to Ext.P3 is near to the general passage. He has also denied suggestion that place of recovery was easily accessible to all. He has denied suggestion that he has falsely implicated the accused to save the local persons who were actually involved in criminal offence of murder. He has denied suggestion that immediately after reaching the spot it came to his knowledge that offence was committed by local persons namely Jiwan Kumar, Subhash Chand and Madan Verma with whom deceased was playing cards on the night of 30-04-2007. He has also denied suggestion that to save them he choose accused as soft target being a resident of State of Bihar. He has denied suggestion that he did not record statements of witnesses at the spot and also denied suggestion that he recorded statements of witnesses as per his own convenience. He has denied suggestion that accused was wrongfully confined for two days before his formal arrest. He has denied suggestion that accused had left Behdala on dated 30.4.2007 in the early morning. He has stated that he did not inquire from the neighbourhood of deceased regarding the alleged rape on the wife of accused by deceased. He has denied suggestion that accused has been falsely implicated in present case. 7.22 PW22 Dr. Vijay Singh Jamwal has stated that he has qualified Ph.D in Chemistry and working as Scientific Officer since March, 1988 and he has reported and examined more than ten thousand cases pertaining to chemistry and toxicology. He has denied suggestion that accused has been falsely implicated in present case. 7.22 PW22 Dr. Vijay Singh Jamwal has stated that he has qualified Ph.D in Chemistry and working as Scientific Officer since March, 1988 and he has reported and examined more than ten thousand cases pertaining to chemistry and toxicology. He has stated that in present case two sealed parcels were received in FSL on dated 8.5.2007 through HHC Jeet Singh No. 141 and parcel-1 was bearing one seal of impression of mortuary Una while parcel-II was bearing one seal of impression ‘S’. He has stated that seals on the parcels were intact and tallied with specimen seals and parcels contained viscera of deceased Hari Krishan. He has stated that on chemical analysis of the contents of these parcels he had issued report Ext.PW18/D which bears his signatures. 7.23 PW23 Dr. Gian Thakur has stated that he is M.Sc. M.Phil and Ph.D. from H.P. University and is working as Scientific Officer in Biology and Serology Division of State FSL Shimla since March, 1998. He has stated that he has examined and reported more than 2700 crime cases and deposed expert witness in more than 100 cases in different Courts situated in Himachal Pradesh. He has stated that in present case two sealed parcels were received in Laboratory for examination on 08-05-2007 through HHC Jeet Singh No. 141. He has stated that parcel No. 2 i.e. blood sample was received from Crime Branch of State FSL on 06-07-2007 and seals on the parcels were intact and tallied with specimen seal sent with docket. He has stated that parcels were signed and then he examined and submitted report Ext.PW21/N which bears his signatures. He has stated that human blood of Group A was detected on towel, vest, pillow cover and bed sheet and semen was not found on these exhibits, human blood of group A was detected in blood sample of deceased Hari Krishan and human head hair were identified which found on bed sheet. He has further stated that report was sent to SHO P.S. Sadar Una vide FSL letter No. 3073 dated 8.10.2007 which is Ext.PW23/A. He has stated that report is Ext.PW21/L. He has stated that blood stains on exhibits and blood sample of deceased collected from the spot was of ‘A’ group. 8. He has further stated that report was sent to SHO P.S. Sadar Una vide FSL letter No. 3073 dated 8.10.2007 which is Ext.PW23/A. He has stated that report is Ext.PW21/L. He has stated that blood stains on exhibits and blood sample of deceased collected from the spot was of ‘A’ group. 8. Statement of accused was recorded under Section 313 Cr.P.C. Accused has stated that he is innocent and has been falsely implicated in present case. He has stated that he used to see the deceased playing cards with Billa Babu and Jinder alias Rajinder and others and they used to gamble on cards and drink and whenever anyone was the looser instead of paying the stakes they used to point towards penis. Accused appeared himself in defence as DW1. Defence evidence adduced by the accused/appellant 9. DW1 Ugha Nand/accused has stated that he came to District Una at place Behdala about 5/6 years back and in the beginning he used to stay near Behdala High School on rent. He has stated that he worked as labourer at the time of construction of upper storey of house of Hari Krishan deceased and he worked there for about two months because of which he became familiar with Hari Krishan deceased. He has stated that Hari Krishan deceased asked him to reside in his house in one room on rent so that his house should also remain maintained and he accepted the offer of deceased and started living in one room in upper storey of house of deceased on monthly rent of Rs. 200/-. He has stated that Hari Krishan deceased and his family members were not regularly residing in the house and they used to reside in the house for sometime. He has stated that deceased sometime used to come alone and sometime he used to stay in house for a week and sometime deceased used to stay in house for one or two days. He has further stated that later on he also brought his wife to Behdala in the rented house of deceased and she stayed for about 4/5 months and she went back in December 2006 or January 2007 because his father was sick. He has further stated that later on he also brought his wife to Behdala in the rented house of deceased and she stayed for about 4/5 months and she went back in December 2006 or January 2007 because his father was sick. He has also stated that he also went with her and at that time he had withdrawn money from his account maintained in Cooperative Society Behdala and after staying there for about 10/12 days he came back to Behdala. He has stated that after working as labourer for sometime he started working as mason and he used to leave his house at about 7 AM and used to come back at about 6 PM and during this period his wife used to live alone in the rented house of deceased. He has also stated that Jiwan Kumar @ Billa, Subhash Chand and Madan Verma used to come to house of Hari Krishan to play cards and he usually sat with them and watched them playing cards. He has further stated that when Hari Krishan used to come along with family the aforesaid persons used to play cards only for entertainment whereas when Hari Krishan used to come alone he used to play gamble with cards with aforesaid persons. He has also stated that Babu, Jinder and one Ex-serviceman also used to come to house of deceased Hari Krishan for gambling and wine drinking purpose and said Ex-serviceman used to bring wine. He has stated that he had seen deceased Hari Krishan pointing towards his penis whenever he was looser and whenever other persons demanded stake amount. He has stated that his wife generally used to complaint him against deceased Hari Krishan and others persons that they generally used to abuse mischief and generally used filthy language to the wife of accused while playing cards and he told this fact to the mother of Jinder namely Ram Rakhi. He has stated that at that time Santosh Kumari was also present in house of Ram Rakhi. He has further stated that before leaving to his native place he had withdrawn `4400/- from Behdala Cooperative Society for the purpose of marriage of his sister and illness of his father and he kept the balance of Rs.100/- in his account so that account would not close. He has stated that thereafter he did not go to society to withdraw any amount. He has stated that thereafter he did not go to society to withdraw any amount. He has stated that he told the son of deceased that he would leave Behdala on 30th in the morning. He has stated that he prepared meal for them and for himself in their kitchen and all of them consumed the meal together. He has stated that in those two days Billa and Jinder came to house of Hari Krishan deceased to play cards with them and on 29th they took meal together then started playing cards and he remained sitting there. He has stated that after sometime Billa and Jinder left the house of deceased and thereafter he went to his room for sleep and in the early morning he left for his native place. He has stated that he had gone through short cut passage via Jora Amb after locking his room and thereafter he did not return. He has stated that he was brought by police to Una on 10-05-2007. He has stated that in police station he was beaten by Investigating Agency and was forced to confess his guilt regarding murder of deceased Hari Krishan. He has further stated that he did not make any confessional statement before the Investigating Agency and his signatures were obtained by police on some papers under pressure. He has stated that his wife had complained him personally about abuses and used of filthy language by deceased and his companions and she did not make any other complaint against the deceased. He has denied suggestion that on 30-04-2007 he was present in house of deceased when they were playing cards. Self stated that he left on 30-04-2007 in the morning. He has denied suggestion that he was watching T.V. in the house of deceased in the evening of 30-04-2007. He has denied suggestion that at about 11/11.30 PM Jiwan Kumar left the house of deceased and asked him to go to his room. He has denied suggestion that at that time deceased told him that in the morning he would go to Chandigarh for some religious function. He has denied suggestion that he had given a blow on head of deceased with an iron pipe Ext.P1 and thereafter chopped off his penis with help of Hexa blade Ext.P2. He has denied suggestion that after committing the criminal crime he fled away from Behdala. He has denied suggestion that he had given a blow on head of deceased with an iron pipe Ext.P1 and thereafter chopped off his penis with help of Hexa blade Ext.P2. He has denied suggestion that after committing the criminal crime he fled away from Behdala. He has denied suggestion that he told Ram Rakhi and Santosh in the house of Ram Rakhi that deceased was not a good person and has committed rape upon his wife. He has also denied suggestion that he was advised to report the matter to Pardhan of Gram Panchayat. He has denied suggestion that he fled away from Behdala on 01-05-2007. He has denied suggestion that he was not forced by Investigating Agency to make any disclosure statement. He has also denied suggestion that he took the Investigating Agency voluntarily to the place where weapons of offence were kept. He has denied suggestion that he has purchased knife Ext.P3 from Mehatpur on 30-04-2007 and Hexa blade from Behdala. He has admitted that at the time of recovery Pardhan and other villagers were present. He has denied suggestion that deceased committed rape upon his wife and he could not tolerate it and in consequence thereof he committed murder of deceased Hari Krishan on the night of 30-04-2007. He has denied suggestion that deceased Hari Krishan did not point out towards his penis when he was looser in the cards. He has denied suggestion that deceased and his companions did not abuse any filthy language to his wife. He has denied suggestion that when deceased Hari Krishan was in sound sleep stage he committed murder of deceased. 10. Submission of learned Advocate appearing on behalf of the appellant that learned trial Court has not properly appreciated oral as well as documentary evidence placed on record in present case is rejected being devoid of any force for the reasons hereinafter mentioned. (a) Last seen theory proved against accused 11. In present case it is proved on record as per testimony of PW2 Jiwan Kumar that on 30-04-2007 in the evening deceased Hari Krishan invited PW2 for playing cards in his house and thereafter he went to house of deceased. (a) Last seen theory proved against accused 11. In present case it is proved on record as per testimony of PW2 Jiwan Kumar that on 30-04-2007 in the evening deceased Hari Krishan invited PW2 for playing cards in his house and thereafter he went to house of deceased. It is proved on record as per testimony of PW2 that Madan Verma and Subhash were also present in house of Hari Krishan deceased and they played cards while accused namely Ugha Nand @ Nandu was watching T.V. in same room. As per testimony of PW2 it is proved on record that at 11/11.30 PM all of them left the house of deceased and accused remained in company of deceased Hari Krishan. As per testimony of PW3 Madan Verma it is proved on record that deceased with PW2 and PW3 played cards on 30-04-2007 till 11/11.30 PM and thereafter they left house of deceased during night period. It is proved as per testimony of PW2 and PW3 that when they left the house of deceased during night period accused remained in room of deceased in which deceased was present. Hence in present case it is proved on record beyond reasonable doubt by way of testimonies of PWs 2 and 3 Jiwan Kumar and Madan Verma respectively that accused was lastly seen in company of deceased. Testimonies of PWs 2 and 3 that accused was lastly seen in company of deceased are trustworthy reliable and inspire confidence of Court. There is no reason to disbelieve the testimonies of PWs 2 and 3 qua factum of last seen theory. There is no evidence on record in order to prove that PWs 2 and 3 have hostile animus against the accused even prior to the incident or after the incident. There is no evidence on record in order to prove that some other persons came in company of deceased lastly prior to his death. There is also no possibility that some other persons came in company of deceased lastly prior to his death. (b) Motive proved to commit murder of deceased against accused 12. In present case it is proved on record that accused was the tenant and deceased was the landlord of accused. It is proved on record that tenant was residing with his wife in the house owned by deceased. (b) Motive proved to commit murder of deceased against accused 12. In present case it is proved on record that accused was the tenant and deceased was the landlord of accused. It is proved on record that tenant was residing with his wife in the house owned by deceased. It is also proved on record that accused used to reside along with his wife in rented house owned by deceased and deceased used to visit his house sometime along with his family members and sometime alone and used to play cards in residential house during night time. It is proved as per testimony of PW7 Ram Rakhi that accused told her prior to the incident of death of deceased that deceased was not a good person. It is proved as per testimony of PW7 Ram Rakhi that she advised the accused to approach Pardhan of the Gram Pancahyat. It is also proved as per testimony of PW7 that when accused levelled allegation of immoral character upon deceased at that time wife of accused was also residing with him at Behdala. Even learned defence Advocate appearing on behalf of accused in cross examination of PW21 Inspector Dharam Chand has put suggestion to him that he did not inquire from the neighbourhood of deceased regarding alleged rape on wife of accused by deceased. Hence learned defence Advocate appearing on behalf of accused himself advanced the plea in present case in cross examination that deceased had raped wife of accused when she was residing in his rented house. Even accused when appeared as defence witness DW1 has specifically stated in positive and cogent manner that his wife generally used to complaint him against deceased Hari Krishan and others that they generally used abusive and filthy language at the time of playing cards to the wife of accused. Even PW8 Smt. Santosh Devi has stated when she appeared in witness box in cross examination that accused told her that deceased had committed rape upon wife of accused and she advised accused to report matter to the police. Even PW8 Smt. Santosh Devi has stated when she appeared in witness box in cross examination that accused told her that deceased had committed rape upon wife of accused and she advised accused to report matter to the police. In view of testimonies of PW7 Ram Rakhi, PW8 Santosh Devi and PW21 Inspector Dharam Chand and keeping in view the testimony of accused as a defence witness DW1 and keeping in view the fact that penis of deceased was chopped off by sharp edged weapon the motive to commit murder in present case is proved against the accused beyond reasonable doubt because accused had grudge against the deceased qua factum of ill-treatment by deceased to his married woman. (c) Disclosure statement under Section 27 of the Indian Evidence Act proved against the accused 13. It is proved on record that accused was arrested by police officials on 12-05-2007 in present case and it is also proved on record that accused had given disclosure statement under Section 27 of the Indian Evidence Act 1872 in presence of marginal witnesses Ramesh Chand, Rakesh Kumar, and Ashok Kumar. Disclosure statement Ext.PW6/A given by accused is signed by him and PW6 Rakesh Kumar BDC member independent marginal witness of the disclosure statement. It is proved as per testimony of PW6 beyond reasonable doubt that accused has given disclosure statement that he has purchased Hexa blade from a shop in Behdala with which he cut the lock of store room of deceased and he purchased knife from the shop at Mehatpur with which he chopped off the penis of deceased Hari Krishan. It is proved beyond reasonable doubt as per testimony of PW6 that accused has given disclosure statement that pipe was taken by accused from the house of deceased which was used in committing criminal offence. Testimony of PW6 qua disclosure statement is trustworthy, reliable and inspires confidence of Court. There is no reason to disbelieve the testimony of PW6. There is no evidence on record in order to prove that PW6 has hostile animus against the accused at any point of time. In pursuance of disclosure statement iron pipe Ext.P1, Hexa blade Ext.P2, and knife Ext.P3 were recovered. There is no reason to disbelieve the testimony of PW6. There is no evidence on record in order to prove that PW6 has hostile animus against the accused at any point of time. In pursuance of disclosure statement iron pipe Ext.P1, Hexa blade Ext.P2, and knife Ext.P3 were recovered. It was held in case reported in AIR1980ApexCourt873titledHazari Lal vs. The State (Delhi Admn.) that statement falling under Sections 32 and 27 of the Indian Evidence Act 1872 are embargo placed under Section 162 of Code of Criminal Procedure 1973. (d) Medical evidence proved against the accused 14. Even as per testimony of PW18 Dr. Y.R. Ravi it is proved beyond reasonable doubt that deceased had sustained head injury and abdomen injury which were sufficient to cause death. It is proved as per testimony of PW18 Medical Officer that injuries mentioned in post mortem report were ante-mortem in nature and it is proved beyond reasonable doubt as per testimony of PW18 Medical Officer that probable cause of deceased was head injury causing injury to the brain and injury to lower abdomen penis and scrotum of deceased. It is proved as per testimony of PW18 beyond reasonable doubt that head and abdomen injuries were sufficient to cause death in the ordinary course of events. It is proved as per testimony of PW19 Dr. Chander Deep Sharma beyond reasonable doubt that injuries on the person of deceased i.e. head injury and injury on lower abdomen penis and scrotum were possible with iron pipe Ext.P1 and knife Ext.P3. It is proved as per testimony of PW19 that both injuries were sufficient to cause death individually in ordinary course of events. Oral testimony of medical officer is also proved by documentary evidence i.e. final report Ext.PW18/C placed on record. Even as per post mortem report proved on record deceased has sustained wound 2 cm x 4 cm bone deep present on left parietal region and wound measuring 6 cm x 2 cm over left side of occipital region and as per post mortem report penis was excised at the base and deep wound 6 cm x 8 cm was present over lower abdomen around penis scrotum and testicles were crushed. (e) Scientific report proved against the accused 15. In present case even as per testimony of PW23 Dr. (e) Scientific report proved against the accused 15. In present case even as per testimony of PW23 Dr. Gian Thakur Scientific Officer it is proved beyond reasonable doubt that human blood of group ‘A’ was detected on towel, vest, pillow cover and bed sheet. It is also proved beyond reasonable doubt as per testimony of PW23 that human blood of group ‘A’ was detected in blood sample of Hari Krishan deceased. It is also proved beyond reasonable doubt as per testimony of PW23 that human head hairs were identified which were found on bed sheet of deceased. It is also proved as per testimony of PW23 beyond reasonable doubt that human blood was seen on knife and blood was also found upon Hexa blade (sharp edged weapon) and blood was detected on pipe piece. Testimony of PW23 Dr. Gian Thakur is also trustworthy reliable and inspire confidence of Court. There is no reason to disbelieve testimony of PW23 Dr. Gian Thakur as there is no evidence on record in order to prove that he has hostile animus against accused prior to the incident or after the incident. Testimonies of PW22 Dr. Vijay Singh Jamwal and PW23 Dr. Gian Thakur are also corroborated by documentary evidence placed on record i.e. report submitted by Scientific Officer. (f) Recovery memo proved against the accused 16. Even recovery memo qua recovery of iron pipe Ext.P1, Hexa blade Ext.P2, and knife Ext.P3 are proved in present case as per testimony of prosecution witnesses. Even recovery of chopped penis is also proved against accused vide seizure memo Ext.PW17/A placed on record as per testimony of prosecution witnesses. Even recovery of blood clotted towel is also proved vide recovery memo Ext.PW17/D placed on record and recovery of double bed sheet, pillow clotted with blood are also proved vide seizure memo Ext.PW17/E. Recovery of broken lock is also proved as per Ext.PW17/J placed on record. (g) Finger Prints Bureau report proved against the accused 17. Even finger prints of accused are also proved upon steel glass which was kept near the bed of deceased. It is proved on record that finger prints were available upon steel glass lying near bed of deceased. (g) Finger Prints Bureau report proved against the accused 17. Even finger prints of accused are also proved upon steel glass which was kept near the bed of deceased. It is proved on record that finger prints were available upon steel glass lying near bed of deceased. It is also proved on record that samples of finger prints of accused were also obtained in present case and as per report of Finger Prints Bureau Ext.PW21/O placed on record there were eight points of similarities upon the finger prints obtained from the steel glass which was available nearby dead body and between finger prints of accused. As per opinion of Director Finger Print Bureau Phillaur there were eight points of similarities i.e. matching ridge characteristic details in their identical sequence. There is specific recital in the report that many points of similarities cannot be found to occur in the impressions of different thumbs and fingers. It has been specifically mentioned in report Ext.PW21/O that finger prints of accused and finger prints obtained on steel glass which was placed nearby dead body are identical and are of one and the same person. (h) Purchase of weapons of offence proved against the accused 18. PW4 Kewal Krishan in positive manner has specifically stated that he is running a blacksmith shop at Mehatpur for the last 30 years and he deals in sale of various iron equipments like drati, khurpa, knife etc. He has stated in positive manner that in May 2007 police along with accused came to his shop and accused told the police officials that he had purchased knife from his shop. Testimony of PW4 Kewal Krishan that accused has purchased knife from his shop on 29-04-2007 used in commission of criminal offence is proved on record. Testimony of PW4 Kewal Krishan is trustworthy reliable and inspire confidence of Court. There is no reason to disbelieve testimony of PW4 Kewal Krishan in present case. Hexa blade used in commission of offence is also proved by way of testimony of PW5 Naresh Kumar. He has stated in positive manner that accused is mason by profession and he used to come to his shop to purchase articles. He has further stated that on 30-04-2007 accused had purchased a Hexa blade from his shop on cash payment. Hexa blade used in commission of offence is also proved by way of testimony of PW5 Naresh Kumar. He has stated in positive manner that accused is mason by profession and he used to come to his shop to purchase articles. He has further stated that on 30-04-2007 accused had purchased a Hexa blade from his shop on cash payment. Testimony of PW5 Naresh Kumar that accused had purchased Hexa blade from his shop used in commission of offence of murder is trustworthy reliable and inspire confidence of Court. There is no reason to disbelieve testimony of PW5. (i) Withdrawal of Rs.4400/-by accused from Agricultural Cooperative Society Behdala proved against accused 19. It is proved on record that on 04-01-2007 accused had withdrawn Rs.4400/- from his account which was opened in Agricultural Cooperative Society as per statement of account Ext.PW10/B. Plea of alibi set up by accused is not proved on record by accused. Accused has pleaded that he has left for his village at Bihar on 30-04-2007 in the morning but plea of alibi of accused is disproved by testimony of PW2 Jiwan Kumar who has stated in positive manner that on 30-04-2007 he Madan Verma and Subhash Chand were playing cards till 11/11.30 PM and thereafter they left deceased in his room in company of accused. It is well settled law that plea of alibi should be proved by accused in positive cogent and reliable manner. But accused did not prove plea of alibi and accused did not examine any independent witness in defence in order to prove that he was not available at the scene of incident of crime on the intervening night of 30-04-2007 and 01-05-2007. On the contrary it is proved on record by way of testimony of PW2 Jiwan Kumar and other prosecution witnesses that he Madan Verma and Subhash had left the company of deceased in the night of 30-04-2007 at 11/11.30 PM leaving accused in the company of deceased. Accused did not place on record any bus ticket or train tickets in order to prove plea of alibi and did not examine any independent oral evidence in order to prove plea of alibi. 20. Submission of learned Advocate appearing on behalf of appellant that accused had not given any disclosure statement in police custody is also rejected being devoid of any force for the reasons hereinafter mentioned. 20. Submission of learned Advocate appearing on behalf of appellant that accused had not given any disclosure statement in police custody is also rejected being devoid of any force for the reasons hereinafter mentioned. It is proved on record that accused was arrested on 12-05-2007 and his disclosure statement was recorded in police custody on 14-05-2007 in present case. It is also proved on record that recovery was effected as per disclosure statement given by accused in present case. Recovery of weapons used in commission of criminal offence is proved as per testimonies of marginal independent witnesses in present case. 21. Another submission of learned Advocate appearing on behalf of appellant that it is the case of prosecution that murder of deceased was committed when he was sleeping in sound sleep during midnight and deceased had bolted the door from inside and there is no evidence on record that door from inside which was bolted by deceased was also broken by accused in present case and on this ground accused be acquitted is also rejected being devoid of any force for the reasons mentioned hereinafter. It is proved on record that room in which deceased was sleeping was connected with store room and it is also proved on record that store room was locked from outside. It is also proved on record that accused had broken the lock of store room with Hexa blade and thereafter he firstly entered into the store room and thereafter he entered into the room of deceased where deceased was sleeping. It is proved on record that store room and room where deceased was sleeping were connected with each other and there was door passage to reach deceased room from store room of deceased. 22. Another submission of learned Advocate appearing on behalf of appellant that present case is based upon circumstantial evidence and is not based upon direct eye evidence and chain of circumstances is not complete is also rejected being devoid of any force for the reasons hereinafter mentioned. 22. Another submission of learned Advocate appearing on behalf of appellant that present case is based upon circumstantial evidence and is not based upon direct eye evidence and chain of circumstances is not complete is also rejected being devoid of any force for the reasons hereinafter mentioned. In present case it is proved on record beyond reasonable doubt by way of complete chain that in intervening night of 30-04-2007 and 01-05-2007 at about 3-30 AM at village Behdala accused broken lock of store room with help of Hexa blade and thereafter accused entered into store room and then entered into the room of deceased which was connected with store room and thereafter accused inflicted two head injuries upon deceased with iron rod when deceased was in sound sleep stage of mind. It is also proved on record beyond reasonable doubt that thereafter accused chopped off penis of deceased with knife i.e. sharp edged weapon and it is also proved on record that thereafter accused fled away to his native village at Bihar. It is also proved on record that accused committed murder of deceased with a motive because deceased had harassed wife of accused when accused was tenant of deceased and when he was residing in rented building of deceased along with his wife. Learned defence counsel in cross examination has clearly suggested to witnesses that deceased had raped wife of accused. It is well settled law that suggestion put to the witness of prosecution by defence can be used against accused. It is well settled law that circumstantial evidence combine all facts creating a net through which accused could not escape. In order to convict the accused on the circumstantial evidence, the prosecution is under legal obligation to prove (i) That circumstances from which conclusion is drawn should be fully proved (ii) That circumstances should be conclusive in nature (iii) That all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence (iv) That circumstance should, to a moral certainty exclude the possibility of guilt of any person other than the accused. (See AIR 1992 SC Court 2045 titled State of U.P. vs. Dr. (See AIR 1992 SC Court 2045 titled State of U.P. vs. Dr. Ravindra Prakash Mittal, See AIR 1952 SC 343 Hanumant Govind Nargundkar and another vs. State of Madhya Pradesh, See AIR 2010 SC Court 762 titled Musheer Khan @ Badshah Khan and another vs. State of Madhya Pradesh, See AIR 2009 SC 56 titled Shivaji @ Dadya Shankar Alhat vs. State of Maharashtra, See AIR 1979 Apex Court 1410 titled State of Maharashtra vs. Annappa Bandu Kavatage, See AIR 1979 Apex Court 826 titled S.P. Bhatnagar and another vs. The State of Maharashtra, See AIR 1989 SC 1890 titled Ashok Kumar Chatterjee vs. State of Madhya Pradesh, See AIR 1992 SC 758 titled Sakharam vs. State of Madhya Pradesh, See AIR 1975 SC 241 titled Dharm Das Wadhwani vs. The State of Uttar Pradesh, See AIR 1954 SC 621 titled Bhagat Ram vs. State of Punjab.) It is also well settled law that in order to convict the accused in circumstantial evidence five golden principles should be proved (i) That circumstances from which the conclusion of guilt is to be drawn should be fully established and the accused must be and not merely may be guilty (ii) That facts so established should be consistent only with the hypothesis of the guilt of the accused (iii) That circumstances should be of a conclusive nature and tendency (iv) That they should exclude every possibility of innocence of accused (v) That there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. (See 2013 Cri.L.J. 2040, titled Prakash vs. State of Rajasthan (DB)). 23. On the basis of evidence led by prosecution it is proved beyond reasonable doubt that accused was a tenant of deceased and at the relevant time he was residing in his house at Behdala. From direct evidence of PW2 Jiwan Kumar and PW3 Madan Verma corroborated by evidence of PW5 Naresh Kumar it is proved on record that on 30-04-2007 accused was present in village Behdala and till late night of 30-04-2007 he remained sitting in bedroom of deceased as he was familiar with him being his tenant. From direct evidence of PW2 Jiwan Kumar and PW3 Madan Verma corroborated by evidence of PW5 Naresh Kumar it is proved on record that on 30-04-2007 accused was present in village Behdala and till late night of 30-04-2007 he remained sitting in bedroom of deceased as he was familiar with him being his tenant. From testimonies of PW2 Jiwan Kumar PW3 Madan Verma and other connecting evidence on record it is proved that since morning of 01-05-2007 accused was found missing from the house as well as village concerned and room in which he was residing was found open. It is proved on record as per medical evidence on record coupled with other oral and documentary evidence has established that death of deceased took place in the intervening night of 30-04-2007 and 01-05-2007 and except the accused there was no occasion for anyone else to enter the bedroom of deceased nor there was any time gap that any other person could have excess there. It is proved on record from testimonies of PW7 and PW8 that there was motive of the accused to commit murder of deceased because learned defence counsel has cross examined the prosecution witnesses on the fact that deceased had raped wife of accused when she was brought in tenanted room owned by deceased. It is also proved on record beyond reasonable doubt that after coming to know about factum of rape by deceased with wife of accused the accused withdrew almost entire money from his account himself on 1.4.2007 and left his wife to his native place in Bihar. It is also proved on record that on 29-04-2007 accused went to Society to withdraw remaining amount from his account. It is also proved on record that disclosure statement of accused under Section 27 of Indian Evidence Act led to recovery of weapons of offence i.e. iron pipe Ext.P1, hex blade Ext.P2 and knife Ext.P3. It is proved on record that finger prints of accused were found on steel glass lying in bedroom of deceased. It is also proved on record beyond reasonable doubt that penis of deceased was found to have been chopped off and this fact clearly proves the fact that accused had chopped off the penis of deceased as he was of belief that deceased had committed rape upon his wife. 24. It is also proved on record beyond reasonable doubt that penis of deceased was found to have been chopped off and this fact clearly proves the fact that accused had chopped off the penis of deceased as he was of belief that deceased had committed rape upon his wife. 24. The facts of case law cited by learned Advocate appearing on behalf of the appellant i.e. AIR 1981 SC 911 titled Dudh Nath Pandey vs. State of U.P. AIR 1983 SC 906 titled Bhugdomal Gangaram and other vs. State of Gujarat AIR 1977 SC 1164 titld Ram Das vs. State of Maharashtra AIR 1979 SC 1408 titled Suraj Mal vs. The State (Delhi Administration) and AIR 1979 SC 1382 titled State (Delhi Administration) vs. Gulzarilal Tandon and facts of present case are entirely different and are distinguishable. In present case chain of circumstances is fully proved against accused. Keeping in view oral testimony of prosecution witnesses and circumstances i.e. last seen theory, motive to commit murder of deceased by accused beyond reasonable doubt qua commission of murder of deceased, disclosure statement under Section 27 of the Indian Evidence Act, medical evidence proved against the accused scientific report proved against the accused Finger Prints Bureau report proved against the accused, purchase of weapons of offence i.e. Hexa blade, knife and pipe and recovery of weapons of offence as per disclosure statement of accused we hold that learned trial Court had correctly appreciated the oral as well as documentary evidence on record adduced by prosecution and we hold that there is no ground for interference in present appeal. We also hold that learned trial Court did not commit any miscarriage of justice in present case. Hence we affirm judgment and sentence passed by learned trial Court. We also hold that appeal is devoid of any force and same is dismissed. All pending miscellaneous application are dismissed.